Kerala High Court: Commenting on a Woman’s Body Structure is Sexual Harassment
The Kerala High Court has clearly stated that calling a woman’s body “fine” is considered sexual harassment and is punishable under the law. The Court made this statement while hearing a case where a woman alleged that a male co-worker made inappropriate comments about her body and sent her suggestive messages.
The case was heard by Justice A Badharudeen, who said that such comments insult a woman’s modesty and fall under Sections 354A and 509 of the Indian Penal Code (IPC).
The woman, a Senior Assistant at Kerala State Electricity Board, filed a complaint against R Ramachandran Nair, a sub-engineer. She accused him of saying her “body structure is fine” and sending her messages with sexual meaning, even after she complained multiple times to their seniors.
As a result of the complaint, a First Information Report (FIR) was filed against Nair under:
- Section 354A(1)(iv) IPC – for making sexually coloured remarks
- Section 509 IPC – for gestures or words meant to insult a woman’s modesty
- Section 120 of Kerala Police Act, 2011 – for causing public nuisance and disturbing order
Nair later approached the High Court to quash the charges, claiming that saying someone’s body structure is nice should not be considered sexual harassment. However, the Court dismissed his plea, stating that the remark was not innocent and fit the legal definition of sexual harassment.
The Court also noted that this was not a one-time comment, but part of repeated harassment, including sending messages and making phone calls even after complaints.
The judge concluded that the accused’s actions show a clear case of sexual harassment and that the law should take its course. Therefore, the case against him will continue.
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